ANILKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order passed by the Sessions Judge, Akola, on 23rd October 1989 quashing the bail granted to the petitioner by the Judicial Magistrate, First Class, Akot and remanding the petitioner to the police custody has been challenged in this revision.

(2.) IT is not much disputed that the present petitioner, who is working as an Advocate at Akot in Akola District, was apprehended by the Akot Police on 11-9-1989 in connection with an offence punishable under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The case of the investigating machinery was that they had received some information that the petitioner was keeping with him packets of brown sugar and selling it to other persons. In pursuance of this information, so received, Mr. R. G. Deshmukh, the P. S. I. attached to the Akot Police Station, took the police party with him and kept in wait on the road leading to Court at about 11 a. m. or so. The petitioner was seen going towards the Hiwarkhed road in a cycle rickshaw. The rickshaw was accosted and the search of the petitioner was taken in the presence of the panchas. During the search 15 small packets containing 750 milligrams of brown sugar was found in the right pocket of the black coat of the petitioner. It was seized in the presence of the panchas. Thereafter the petitioner was apprehended, but he tried to run away from the spot. He was caught and taken in another auto rickshaw to the Police Station. An offence was registered at the Police Station and he was produced before the Judicial Magistrate, First Class, Akot for remand at about 1. 45 p. m. A Magisterial custody remand was obtained on 18-9-1989.

(3.) IT appears that on the same day an application for bail came to be filed on behalf of the petitioner under section 437 of the Code of Criminal Procedure. This application was opposed by the Assistant Public Prosecutor on the ground that the offence is punishable with imprisonment for 20 years and fine of rupees one lakh or above. The learned Magistrate heard both the parties. He held that the offence is not punishable either with death or imprisonment for life, that the accused was coming from a good family; that he was a practising advocate and, therefore, passed the order releasing him on bail on personal bond of Rs. 2,000/- with a surety in the like amount. In the meanwhile so many applications were filed before the Judicial Magistrate, First Class, Akot. One was an application for ill-treatment at the hands of police, another was for calling the brief case before the Court and opening it etc. But we are not much concerned with the same. However, in pursuance of the latter application the brief case was called to the Court at about 4. 40 p. m. and some articles including one white tablet and another half tablet was found in that suit case after it was opened by the police. It is the subject matter of investigation and nothing need be said in connection with the same at this stage.